Supreme Court of Canada eliminates Promise of Patent Doctrine

On June 30, 2017, in Case Law, Legislation, News, Patents, by Natalie Raffoul

In an exciting decision released today, the Supreme Court of Canada eliminates the Promise Doctrine in Canadian patent law, which was established by the Federal Courts of Canada some years ago. Under the Promise Doctrine, patents could be invalidated if they did not live up to all of the promises made in the patent, such as […]

Update on Patenting Methods of Medical Treatment in Canada

On March 23, 2015, in Case Law, News, Patents, by Natalie Raffoul

By Leah Labib and Natalie Raffoul   Some good news regarding methods of medical treatment and dosage-related Claims in Canada.   While patent claims directed to methods of medical treatment remain unpatentable in Canada, claims to medical uses are generally permitted. With regard to the permissible types of use claims, the Canadian Intellectual Property Office […]

C+BR authors chapter on Canadian Design Protection in the Designs 2015 Publication produced by the World Trademark Review

On January 7, 2015, in Case Law, Designs, News, by Natalie Raffoul

Please find attached a copy of the Canadian section of the Designs 2015 Guide.WTR Designs 2015_Canada

Do abstract ideas become patentable subject matter when implemented by a computer?

On June 25, 2014, in Case Law, News, Patents, by Natalie Raffoul

By J. Duffy, N. Raffoul, A. Brion On June 19, 2014, the Supreme Court of the United States decided the matter of Alice Corp. v. CLS Bank International. This case determined the validity of Alice’s patent claims, which pertained to a computer-implemented scheme for mitigating “settlement risk” by using a third-party intermediary. The Court essentially […]

Don’t Throw Rocks at Double Wall Glass

On October 31, 2012, in Case Law, News, by Natalie Raffoul

By Michael House Canadian Federal Court Releases Industrial Design Infringement and Validity Decision The Canadian Federal Court recently released a rare industrial design decision that clarified the standards and analytic approaches to be used for deciding claims of infringement and invalidity under the Industrial Design Act, RSC 1985, c I-9.  The case, Bodum USA Inc […]

Cadbury May Preserve Purple Wrapper Rights in UK

On October 16, 2012, in Case Law, News, Trademarks, by Paula Clancy

Submitted by Jessica Vaianisi. UK-based chocolate company, Cadbury, was successful in preserving its pending application for the colour purple (Pantone 2685c) in association with milk chocolate.  Nestlé had appealed to UK’s High Court, challenging the UK Intellectual Property Office’s 2008 decision to award Cadbury exclusive use of the distinctive purple for its wrappers, arguing that “colours […]

Pro-Consumer Copyright Decisions Released by the Supreme Court of Canada

On July 13, 2012, in Case Law, News, by Rigadoon New Media

Five copyright decisions were released yesterday by the Supreme Court of Canada.  The decisions are generally consumer friendly decisions that will benefit consumers who like to download music from services such as Apple’s iTunes, AmazonMP3, or Spotify, and students who like to have freely available photocopies of educational materials. In short, the Canadian Copyright Licensing […]

Should Colour be Accorded Trade-mark Protection in the Fashion Industry? Louboutin’s “Lacquered Red Sole” Trade-mark in Jeopardy in U.S.

On April 16, 2012, in Case Law, News, Trademarks, by Paula Clancy

In 2008, shoe designer Christian Louboutin was granted a U.S. trade-mark registration for “a lacquered red sole on footwear” as applied to “women’s high fashion designer footwear” (U.S. Reg. No. 3,361,597).   Louboutin’s red-soled shoes have become famous worldwide, as well as highly sought after by celebrities and fashionistas alike.  However, Louboutin’s U.S. trade-mark registration […]